Wednesday, June 8, 2011

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  • Munna Bhai
    07-12 09:48 AM
    Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
    Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
    Let me know what you find. Good luck.

    One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.

    Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.





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  • roseball
    02-23 04:51 PM
    Texas allows instate tuition waivers for H1 and H4 visa holders provided they are residents of texas for 1 year. In other words, any H1/H4 holder residing in TX for more than a year only pays instate tuition.





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  • eb3_nepa
    11-06 04:30 PM
    Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



    http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

    These roles qualify for non cap H1B's



    * Renewals of existing H1b's

    * If are working for a not for profit institution

    * If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



    What kind of institution will your wife be a financial analyst in?


    I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap





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  • CaliGC
    06-14 09:02 PM
    Friends,

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

    TIA.

    Please see my Signature below for info regarding me.
    EB3/VSC/India
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006



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  • arnab221
    06-22 04:46 AM
    I fail to understand one fundamental statement "We do not have numbers for CIR THIS YEAR" . If they do not have the numbers this year , how will they have magically have numbers the next year and year after that and what hope are the 12 million illegals and 1 million legals sitting on ?

    1) The people will not change , not will their opinions over the next 1 year .

    2) The Hispanics will not flood into their constituencies in 1 years or even in 5 years and make them change their opinions .

    3) What has economy , Iran or energy or healthcare got to do with immigration reform ?

    3a) Are they are saying they are so busy is solving these issues that they do not have the time for CIR ? I can at least buy this "No time" logic .

    3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .





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  • sunny1000
    07-23 01:38 AM
    For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?

    No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.



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  • royus77
    06-18 12:39 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..


    Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .





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  • tuhin
    07-16 01:36 PM
    Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.



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  • ArunAntonio
    10-17 12:48 PM
    I am trying to book an appointment at the chennai consulate through the vfs website.
    I fill in all the details on the DS 156 application and on hitting continue I do not seem to be getting the printable version with the bar code that we need to print and take to the consulate during the interview.
    Another thing is after clicking on continue I am presented with a page to fill in the DS 157 and petition details and after filling that, I just get options to save and exit or go back.
    I am not getting options to select a date to schedule the interview.
    Any one who has done this recently please hlep, I am stuck witth this stupid thing for a couple of days now.... Please help ;(





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  • jazzy2
    05-25 08:47 AM
    Hi all
    called Sen. Lindsey Graham
    and Sen. John Macain

    Both the numbers had an option on leaving a message or opinion on a legislation.

    So i left a message ....

    should i also speak to the staff??

    jazzy2...

    washington dc



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  • absaarkhan
    01-10 04:28 PM
    You Can work for the same Employer On H1 even after entering US on AP.

    It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
    Please let us know if anybody has done this successfully.





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  • desigirl
    04-27 09:09 AM
    2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
    I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.



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  • waitnwatch
    05-17 11:39 PM
    The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?

    I think you are getting slightly confused here. The thing under discussion in this thread has always existed as a clause in the bill and is nothing new. The F4 is a separate provision which was struck down today. The 3 year for STEM provision still exists separate. Please have a look at the details of the bill. It should be available somewhere on this website.





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  • shreekhand
    08-03 12:45 AM
    FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.

    If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.

    But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.



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  • Prashanthi
    06-26 01:57 PM
    the above scenario applies only if their is a signed contract between him and the employer, does not apply to an agreement that was made between the recruiter and his employer as he is not a party to the contract.





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  • Pria
    01-06 04:25 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria



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  • redddiv
    07-17 02:11 PM
    AILA Comments on Latest Rumors
    As posted on AILA to Murthy.com on July 17, 2007


    It appears somewhat likely that there will be an announcement today regarding efforts by the government to resolve the ongoing controversy over USCIS' refusal to accept employment-based adjustment of status filings. "Authoritative sources" are providing wildly varying reports regarding the content of the "fix," which may indicate any number of things, including the possibility that the government is not able to come to sufficient agreement to actually produce a "fix." AILA will post updates to InfoNet as the situation progresses.


    Is there any other good news





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  • freedom_fighter
    01-14 07:21 PM
    anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.





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  • HereIComeGC
    03-26 11:06 AM
    I will go first: 50%

    :p





    imh1b
    12-03 02:09 PM
    Why do we need Recapture more than DREAM ACT or with DREAM ACT?

    What makes recapture an important issue as mush as DREAM ACT issue?

    Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

    I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?





    immilaw
    09-22 11:33 AM
    Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.

    I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.



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